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Farrall v Kordowski [2010] EWHC 2436

The previous article on Defamation covered the three elements required in order to bring a successful claim in defamation: a defamatory statement, identifying the claimant in a publication to a third party.

The following is an example of a successful claim:

Farrall v Kordowski [2010] EWHC 2436

Background:

The claimant, Farrall, applied for an interim injunction in order to restrict the publication of defamatory words appearing on the website - solicitorsfromhell.co.uk, run by the respondent Kordowski.

The claimant discovered words such as "downright crooked" and other words indicating that the claimant was incompetent in proceedings whilst acting on behalf of the author of the allegations. No details were provided in order to support the allegations and the author was not identified.

Although the words were removed from the website, the claimant did not know whether the removal was temporary or permanent. She evidenced that the respondent made no effort to verify the truth of the words and had not given her the opportunity to comment prior to publication. She stated that the words complained published were untrue and she had never acted for a client in the circumstances described.

Held:

The courts granted an interim injunction in accordance with the Human Rights Act 1998 s.12 - Freedom of expression. Libel had been established with no defence files and a threat remained by the respondent to publish/further publish the words complained of; and if published the claimant would suffer injury which could not be fully compensated in damages.

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